(영문) 광주지방법원목포지원 2019.12.18 2018가단56672

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Reasons

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(영문) 광주지방법원목포지원 2019.12.18 2018가단56672

손해배상(기)

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1. The Defendant’s KRW 5,00,000 as well as 15% per annum from January 8, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around July 2013, the Defendant: (a) drafted and delivered a letter to the Plaintiff that the Plaintiff would return the down payment after selling the fact that “the down payment had been previously stored,” which received KRW 15 million from the Plaintiff in relation to the consignment farming contract deposit received from the Plaintiff; and (b) agreed that the Defendant would pay the Plaintiff KRW 15 million.

(hereinafter “instant agreement”). (b)

Around August 2016, the Defendant proposed that the Plaintiff had a defect in cultivating a contract related to the chip to be cultivated by the Defendant, and requested the Plaintiff to provide the seeds that the Defendant would cultivate to the Defendant.

On September 2016, the Plaintiff supplied the Defendant with the seeds equivalent to KRW 12 million which the Defendant would grow.

C. Around February 26, 2017, the Plaintiff prepared a sales contract related to the quantitative distribution that the Defendant cultivated and supplied to the Plaintiff. Around March 3, 2017, the Plaintiff transferred KRW 500,000,000 on March 3, 2017, KRW 500,000 on March 24, 2017, KRW 10,000,000 on April 10, 2017, and KRW 25,000,000 on May 8, 2017, to the Defendant’s account.

Around June 2017, the Defendant sold to a third party any 3,000,000 won, which was provided by the Plaintiff with the c,00,000 won cultivated by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 9-2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, while the Defendant, in 2017, intended to supply the Plaintiff with a double wave cultivated by the Defendant, the Defendant received or was paid the Plaintiff a total of KRW 12 million, KRW 25 million, KRW 3 million, and KRW 3 million, in violation of the above supply agreement, the Defendant did not supply the double wave cultivated by the Defendant to the Plaintiff in 2017, and disposed of it to a third party, and did not pay the Plaintiff KRW 15 million.

Therefore, the defendant is special.

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